• Evicting tenant without lease agreement

I have a tenant for a commercial premise for last 9 nine years . There is no lease agreement as it was done orally. The rents are received by cheques. We have never bothered with any rent increase since inception. Now the tenant is hard haggling and has also damaged  our place and is seeking 15 months to vacate . I find this unreasonable . What reasonable timeline and grounds can be given for eviction / handing over possession.
Asked 7 months ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
Hi, As per law the tenancy of the tenant is as per wills and fancy of the Landlord. If the land lord ask them to vacate the schedule premises then, the  tenant has  no other options he has to vacate the property.

2. It is better give him 6 months time to vacate the schedule premises and you have to entered fresh lease agreement with tenant, if you provide 1.5 years also appear to be reasonable.

3. If you go for legally it will take same time.But you must get assurance from the tenant other wise you can go legally.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi, Now the scenario had been changed there is no such law which is favorable to Tenant............... 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi 
Since the tenant has been paying you monthly lease rentals by cheques, it is sufficient proof that the tenant is in possession of the property. 

The  tenant is not correct in asking for 15 months time to vacate the premises and this is totally unreasonable and against law. . 

The legal position in your case is as follows:

In absence of any lease agreement, it is construed in law, that it is a month on month lease. In effect it means that the tenant needs to vacate within a period of 15 days, if the notice has been served on him. 

Section 106 in the transfer of property act refers to certain leases in absence of written contract. (Reproduced below). 

Since the tenant has been using your building for last 9 years, the maximum time you can offer as a good will 
gesture to your tenant is about 3 months to vacate the premises. Please note that i have recommended 3 months as a good will gesture and not 15 days notice for the reason that tenant cannot claim insufficient time for  vacating a premises as 90 days is a good amount of time for finding alternate premises in eyes of law. 

You should also keep all communications with your tenant in writing .


Section 106 in The Transfer of Property Act, 1882
1[106. Duration of certain leases in absence of written contract or local usage.—
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.
(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.
(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section.
(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.]
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
you have  right to get atleast 6 months notice if your commerce is to converting the nature of raw product like manufacturing unit, oil mill (converting mustard seed into oil) etc.  otherwise 2 months notice is sufficient, and a notice shorter to this period is void. 

you should file a case before the rent controller for stay against eviction. you will get stay order on the first hearing
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1) you can ask tenant to enter into leave and license agreement fir 15 months 

2) have it duly stamped and registered 

3) as on date you don't have any rent  agreement 

4) you will have to issue legal notice to tenant to vacate the premises 

5) file suit fir eviction 

6) it would take around 5 years 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1) it is better you don't move court to evict tenant as eviction proceedings are long drawn affair 

2) better reach an amicable settlement with tenant 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Hi
In the absence of a lease ,you can ask him to vecate any  time.
Send him notice for evction  by giving a timeframe.
Since he is paying rent in time you should,show a genuiine reason for eviction either for personal use or renovation as per the existing rent laws.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hi 
Any good lawyer can help you get the eviction order in line with what was stated by me in response. 

I can assure you based on my experience that  you do not need to pay any ransom to the tenant for vacating your property.  

the tenant cannot demand money from the land lord either under the guise of good will or under the guise of his interior costs or under the guise of relocation expenses incurred for movement of his furniture or fixtures to other location.

All tenants tend to get unfriendly when they are asked to vacate. 

As long as you(land lord) have been reasonable by offering the tenant enough time for searching alternative place and following the principles of equity and natural justice, you will get the eviction order in your favor. 

hope this helps. 
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Hi,  You have to issue legal notice under section 106 of the Transfer of Property Act.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
If there is no lease agreement then he can be proceeded against only as a trespasser to the property. The remedy for you is to file a suit for eviction against him on the ground that he is a trespasser to your property. This being said, he may prove tenancy through the conduct of parties. If the premises occupied by him is commercial in nature where he has been receiving all the communications addressed to him and which is the registered place of his business then he can prove tenancy through conduct and attendant circumstances, in which event he will be entitled to the protection of rent control legislation.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
It is not going to be simple if he claims to be the tenant.  The nature of business carried by him in the premises may turn the tide one way or other. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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